Circumstances change; that’s a given in any situation. If you’ve already been granted leave based on your private or family life and your financial situation changes, you may still require access to public funds.
Here’s what you need to know.
(Updated as of 11 August 2020)
If you have made an application for leave to remain and you:
- have not yet received a decision
- consider you are in need of recourse to public funds
- are eligible to apply for a change of conditions, or will be eligible if your application is granted
you need to complete a change of conditions application.
Apply online for a change to your conditions if:
- since being granted leave to remain your financial circumstances have changed and you have become destitute, you are at imminent risk of destitution, there are now particularly compelling reasons relating to the welfare of your child on account of your very low income, or there are now exceptional circumstances in your case relating to your financial circumstances
- you were destitute, at imminent risk of destitution, there were particularly compelling reasons relating to the welfare of your child on account of your very low income, or there were exceptional circumstances in your case relating to your financial circumstances, at the time your application was being considered, but you failed to provide evidence of this and you now wish to send in this evidence
You’re eligible to apply for a change of conditions if:
- “you have leave to remain under the 10 year partner, parent or private life route, where the applicant claims that refusal of that application for leave to remain would breach their rights (or the rights of other specified persons) under ECHR Article 8 (the right to respect for private and family life)”
- “you have leave to remain on the basis of other ECHR right”
“You can also be eligible to apply if you have leave to remain under the 5-year partner/parent route. If you’re accepted, you would be considered to have moved on to the 10-year route to settlement and as such any future applications for leave will be considered under the 10-year route. However, when you come to reapply if you feel that you again meet the criteria under the 5-year route you should be aware that any leave you had previously accumulated under the 5-year route will not count towards your new 5-year period.”
To make the request for an amendment to your conditions of leave you need to:
- complete your application online < https://visas-immigration.service.gov.uk/product/change-of-conditions link
- provide your existing Biometric Residence Permit (BRP) where relevant, or passport (including your Leave to Remain vignette where relevant)
- include documentary evidence that you meet the policy on granting recourse to public funds
Evidence of your financial circumstance and living arrangements will be required such as:
- 6 months bank statements for all accounts held by all members of your household, even those belonging to children or ones that are rarely used. These should be fully annotated to explain significant/regular transactions
- recent utility and other relevant bills
- letter confirming duration of employment, the hours worked and salary (the person writing should state their position in the company and provide contact details)
- recent letters from family or friends who are providing support, giving full details regarding the extent of this and how often it is provided
Biometric residence permits (BRP)
“If you meet the requirements for an amendment to the conditions of your leave to allow recourse to public funds we may send you a letter giving information about enrolling your biometric information. You would need to do this at a Service & Support Centre (SSC) for which you may qualify for travel assistance. We will then issue you with a biometric residence permit.”
Timeframe for assessing the request
“No service standards apply to the assessment of whether the applicant qualifies for a change of condition code, but caseworkers will make reasonable efforts to decide such requests promptly, especially those involving a child or an applicant who is street homeless, disabled or otherwise in vulnerable circumstances.”
Get help to apply online
You can get help with completing the online form if you:
- do not feel confident using a computer or mobile device
- do not have internet access
You can only use this service if you’re applying to switch to this visa in the UK.
Please be advised that the above information is not an exhaustive list as there are more requirements and points to consider when making an application
For more information on application for change of conditions of leave to allow access to public funds if your circumstances change, send an email to firstname.lastname@example.org or contact us on 01204 531 535 to book a telephone/Skype consultation. The fee is £30.
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